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Arts and Entertainment => Video Games => Topic started by: Superman on October 19, 2011, 03:51:52 AM

Title: Scrolls
Post by: Superman on October 19, 2011, 03:51:52 AM
I don't know if this was in the Minecraft thread. Mojang was being sued by Bethesda for naming their new game "Scrolls" because Bethesda felt that "Scrolls" was awfully close to the name of their game "Elder Scrolls". Notch proposed they settle the dispute in a video game match, but apparently Bethesda felt the courtroom would be a better venue. Today Mojang beat the requested temporary injunction, so they can keep using the name for now, and it bodes well for Mojang's chances going forward. Bethesda should have taken that video game match offer.

Link
Title: Re: Scrolls
Post by: greensteam on October 19, 2011, 09:07:50 AM
Actually I read that Bethesda were the company that owns Quake, the game to be used for said video game match.  Since they owned it they could have easily gotten a few people who were good at the game, or something. 

Either way, this is great news.  It wasn't the developers of the Elder Scrolls that started this I believe, but their lawyers or something.  Not sure, I can't even remember where I read all of this.
Title: Re: Scrolls
Post by: Superman on October 19, 2011, 09:54:00 AM
Haha. I forgot that it was Quake that he challenged them to.

Yeah, on further research, it sounds like the push for the lawsuit is coming from Bethesda's parent company.

Title: Re: Scrolls
Post by: Poopyhead pianoman ♫ on October 19, 2011, 19:27:29 PM
Fuckwits.
Title: Re: Scrolls
Post by: Superman on November 18, 2011, 03:54:43 AM
Mojang won the injunction. They get to keep using the name until the actual case.
Title: Re: Scrolls
Post by: Superman on March 13, 2012, 07:36:45 AM
Mojang won the case. They get to keep the Scrolls name for their game.

I heard an interview with a guy who was, admittedly, playing armchair lawyer. He described his understanding that lawyers have to set a precedent of defending a name, even if the offence sounds ridiculous, if they want to defend serious breaches later down the line. If you allow some infractions and make no effort to stop them, courts are less likely to take your actions against other infractions very seriously. It could construed as corporate politics instead of genuine defense of copyright.
Title: Re: Scrolls
Post by: greensteam on March 13, 2012, 07:54:26 AM
Blah blah more reasons the legal system is dumb.

Gotcha.
Title: Re: Scrolls
Post by: Poopyhead pianoman ♫ on March 13, 2012, 20:31:00 PM
Blah blah more reasons the legal system is dumb.

Gotcha.
Grrrrrrr.  Agreed.
Title: Re: Scrolls
Post by: Superman on March 14, 2012, 04:03:29 AM
There's a system set up that protects people profiting off of your work or tainting your brand image. If you spend bucketfulls of cash developing and promoting a video game, someone else isn't allowed to come along, slap the same or very similar name on their inferior product, and leach sales off of you while making your product look bad. I don't see how that's a bad thing.

It's protecting producers and consumers alike. You know that when you go to the store and buy something, it's actually what you think you're getting. The producers know no one else is profiting off of their advertising or established good will, and no one is tainting the image of their company. Who is losing, other than people trying to rip off consumers to make a quick buck?

Hypothetical:
Mojang makes Scrolls and Bethesda says, "no, that's cool." Then ID makes a game called Ancient Scrolls, and Bethesda says, "that's kind of pushing it, but okay." Then EA makes a game called Eldest Scrolls, and Bethesda says, "nope, not cool, suing!" Obviously (I think) EA is infringing on Bethesda's name. However, what happens when they get to court and the judge wants to know why Bethesda is suing EA for their obvious infringement, but not suing ID for their, he believes, obvious infringement? It looks to him like Bethesda isn't actually interested in preserving their name. It looks like Bethesda just has a beef with EA.

By suing Mojang, Bethesda is establishing a precedent. Bethesda is showing, in court, that it has a vested in the name it owns. It doesn't matter that the courts didn't agree with them. What's important is that the legal system decided that the name wasn't an infringement, Bethesda didn't decide it wasn't an infringement.
Title: Re: Scrolls
Post by: Poopyhead pianoman ♫ on March 14, 2012, 13:07:51 PM
o_0

I"m giving you the wonky eye.

It's not a bad thing to stop others from creating shoddy products that profit from your quality investment.  However, I don't see why the law needs to be extreme.  Why can't Bethesda sue for the obvious infringements and let the harmless similarities pass without taking action?  Is Mojang going to profit from Bethesda's Elder Scrolls? 
Title: Re: Scrolls
Post by: Superman on March 14, 2012, 17:37:54 PM
No. I don't think Bethesda even thought that. I'm saying that when something else comes along that does, they already have a legal benchmark to compare it to.
Title: Re: Scrolls
Post by: Poopyhead pianoman ♫ on March 14, 2012, 19:04:37 PM
Posturing and stomping.  Bethesda might have won, you know, without any real threat ever to come from Mojang.
Title: Re: Scrolls
Post by: greensteam on March 15, 2012, 05:21:47 AM
It makes sense but at the same time it's still a bit stupid to me.

Just like if someone sues a company and the company can just pile up legal fees until they drop the case... something like that anyway, not sure what details I forgot. I do remember that it was really dumb and made me wonder why we even call it a legal system.